Ary v. Missouri Portland Cement Co.

GUNN, Judge.

The single issue in this appeal is whether Missouri’s Workmen’s Compensation Law, Chapter 287, RSMo 19781 provides a sufficient bulwark to resist the claim of a decedent employee’s children lodged under §§ 537.180 and 537.230 concerning actions against mine owners or operators for injury or death of an employee. The trial court dismissed such a claim after the employer mine operator asserted workmen’s compensation as a defense. We affirm.

Roger Ary was employed by Missouri Portland Cement Company and was killed in the course of his employment when struck by an object propelled from…